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HomeMy WebLinkAbout1993-08-02AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, AUGUST 2, 1993, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 11. OATH OF TRUTH III. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TOS' CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA93-21, SUBMITTED BY JOHN & JOANN TERRELL, AND CONSIDERATION OF SAME. B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING TO CONSIDER STAFF'S INTERPRETATION OF SECTION 12.A.448, DEFINITIONS - WIDTH OF LOT. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA93-24, SUBMITTED BY WILLIAM THATCHER, AND CONSIDERATION OF SAME. D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA93-26, SUBMITTED BY WILLIAM THATCHER, AND CONSIDERATION OF SAME. VI. MISCELLANEOUS REPORTS AND/OR DISCUSSION VII. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF COMMUNITY DEVELOPMENT AT (817) 481-0377. REASONABLE ACCOMMODATIONS WILL BE i ! ASSIST YOUR IN ACCORDANCE WIARTICLE r i AS BY • r • 227, ACTS OF THE 61 ST LEGISLATURE, REGULAR SESSION, THE BOARD OF ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 30TH DAY OF JULY, 1993, AT 5:00 P.M. i ! iti . !. STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session, Monday evening, August 2, 1993, at 6:00 P.M., in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members to wit: Charles Giffin Chairman Patti Bass Vice -Chairman Ery Meyer Member Chris Coy Member Carl Hecht 1st Alternate Jeff Wood 2nd Alternate constituting a quorum with Secretary, Randy Howell, absent. Also present was Council Representative, Gil Traverse, and the following City Staff: Greg Wheeler Building Official Gerrie Anderson Administrative Secretary Chairman Charles Giffin called the meeting to order at 6:10 P.M. The first item of new business was for the Board of Zoning Adjustment to consider BZA93-21, submitted by Ralston S. Jones who is requesting a variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.G.2., R-7.5, Single Family District Regulations which requires a 25 foot rear yard setback. The variance request is to allow a proposed addition an eight foot variance to encroach the 25 foot rear yard as shown on the plot plan. The variance request is for Lot 28, Block 4, Town Park Addition, 2058 Willowood Drive. Greg Wheeler explained that Staff failed to find a special condition for the request. Ralston Jones, contractor for Mr. & Mrs. Terrell, took the Oath of Truth. Mr. Jones explained the Terrell`s were wanting to add on a sunroom, using the existing patio. The addition will allow access to the kitchen without going through the living area, and an inside route to the garage from the back yard. Mr. Jones also explained the 1 addition would be used for their two labradors. Mr. Jones said that if the Terrell's could not add on to their residence, then they would have to sell their house. Paul Kanesky, 1025 Meadow Breeze Court, Burleson, Texas, with Advantage Construction, took the Oath of Truth. He explained why the work was already started. His office called the City and asked if the permit was ready. Building Inspections said the permit was being reviewed and their office thought the permit was ready and proceeded with the project. They did not know the permit had been denied until they had called for an inspection. Mr. Kanesky also noted the Terrell's had no idea when they purchased the house they would not be able to add a sunroom. John Miklos also with Advantage Remodeling, took the Oath of Truth and added the addition would provide room for the Terrell's to entertain, and would increase the value of the property and give access to an area they don't have access to now. John Terrell of 2058 Willowood, Grapevine, Texas, took the Oath of Truth and explained he had talked to his neighbors and no one had any objections to the addition. Greg Wheeler stated there were five letters of approval received. With no one else to speak either for or against the request, Patti Bass made a motion to close the public hearing. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell After further discussion, Patti Bass made a motion that a special condition did not exist. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Next, Mr. William Thatcher is requesting the Board of Zoning Adjustment to make an interpretation on Section 12.A.448., Definition - Width of Lot. While preparing his plat, Mr. Thatcher was given three different interpretations on the definition of width K of lot from different City Staff. The final interpretation made by City Staff, after review of his plat application, created a major problem in his proposed plat. The interpretation was that twenty (20) feet of width must be maintained for the entire distance from the front property line. to the front building line. The Zoning Ordinance defines the Width of Lot as: Width of Lot shall mean the distance between the side property lines measured at the building nearest the front property line at the front property line, measuring parallel to the front property line, perpendicular to the side line, or perpendicular to a line bisecting the angle between two (2) side lines, whichever is least. At no time however, shall the front property line be less than twenty (20) feet. if the Board upholds City Staff's interpretation, Mr. Thatcher will need a variance approved before his plat can be approved. Greg Wheeler explained that this was the only definition for width of lot, to bi-sect the lot and come across perpendicular. Mr. Bill Thatcher, Yamini Drive, Dallas, Texas, 75230, took the Oath of Truth. Mr. Thatcher explained how the property was landlocked and was needing the interpretation to make the property work. With no one else to speak, Patti Bass made a motion to close the public hearing. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Patti Bass made a motion to agree with Staff's interpretation that 20 feet of width must be maintained for the entire distance from the front property line to the front building line. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent:. Howell The next item of new business was for the Board of Zoning Adjustment to consider - BZA93-24, submitted by William W. Thatcher. Staff recommends the Board of Zoning Adjustment approve the first request for proposed Tract A and deny the K second request for proposed Tract B (Dove Pond) to Grapevine Comprehensive Zoning Ordinance 82-73. The .•• is proposing to -• 2 1/2 lots and to • 2 tracts • land. (Final Plat. of Lot 2R, Lot 3R, Tract A and Tract B of Block 4 of Placid Peninsula) Tract A is addressed as 3321 Red Bird Lane. 1. Section 12.A.4 , Definition of Lot Width shall require a minimum width of 20 feet the entire distance between the front property line and front building line. The variance request is to allow an eight foot variance to reduce the 20 foot minimum width of lot as shown on the proposed plat of Tract A. If approved, it would allow a 12 foot width of lot from the front building line to the front property line. 2. Section 12.A.222, Definition of a Lot shall mean a tract of land occupied or to be occupied by a building and its accessory buildings ... and having its principa' frontage • a public street • • approved place. The variance •• is to allo• to •- platted that ••- not have access to a public street or an officially approved place as shown on the proposed plat of Tract B.. If approved, it would allow a new lot to be landlocked. Greg Wheeler explained the special condition for the first request is the applicant is unable to purchase additional property from proposed Lot 3R, to meet the minimum required width of lot the entire distance from the front building line to the front property line as shown on the proposed plat. Also, if additional property were taken from proposed Lot 2R, the lot would not meet the minimum lot size. Staff could not find a special condition for the second request. The hardship is self- imposed. Mr. Bill Thatcher spoke and explained that if he platted the pond and Tract A as one piece, it would be a common area. He did not desire to combine the plots, because all the people surrounding the pond have access according to the deed restrictions. David Nighswonger, Civil Engineer with the Public Works Department, took the Oath of Truth. Mr. Nighswonger explained Mr. Thatcher wants to replat the property because of the liability of the pond, because property owners all around the pond are granted access by deed restrictions. Doug Vaughn, a property owner that backs up to the pond, took the Oath of Truth and asked about the utility easement that runs from Lot 16. IR With no one else to speak either for or against the request, Ery Meyer made a motion to close the public hearing. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Patti Bass made a motion that special conditions did exist for the variance to Section 12.A.448., Definition of Lot Width, and the special conditions are the irregular shape of the property and the need to provide access to the property. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Patti Bass made a motion to grant the variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 12.A.448, Definition of Lot Width, to allow an eight foot variance to reduce the 20 foot minimum width of lot as shown on the proposed plat of Tract A, allowing a 12 foot width of lot from the front building line to the front property line. The 12 foot width only goes to the front building line on the front property line. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Patti Bass then made a motion that a special condition did exist for the variance to Section 12.A.222, Definition of a Lot, and the special condition being the property that is being platted as a lot is a body of water and is not buildable and the deed restrictions allow access to the property owners. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Patti Bass then made a motion to grant the variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 12.A.222, Definition of Lot, to allow a lot to be platted which does not have access .to a public street, with a condition that no habitable structure be built on this part, according to the final plat. Chris Coy seconded the motion which prevailed by the following vote: 5 Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell BZA93-26, WILLIAM W. THATCHER The next item of new business was for the Board of Zoning Adjustment to consider BZA93-26, submitted by William W. Thatcher, who is requesting the. following variances from Grapevine Comprehensive Zoning Ordinance 82-73, for 709 Dove Road: 1. Section 15.G.1., Single Family District Regulations requires 30 foot front yard setback. The variance request is to allow a seven foot variance to encroach the 30 foot front yard as shown on the proposed plat. If approved, it will allow a 23 foot front yard setback. 2. Section 42.D., Supplementary District Regulations requires a 15 foot side yard building setback on the side street. The variance request is to allow a four foot variance to encroach the 15 foot side yard as shown on the proposed plat. If approved, it will allow an 11 foot side yard setback. Greg Wheeler explained the special condition for the front yard encroachment is the current owner is subdividing his property and is maintaining the existing house on Lot 6 as currently shown on the proposed plat. Without the front yard encroachment on Lot 6, Lots 2 and 3 would be eliminated, because moving the street to the south would reduce the depth of the lots to the point that only one lot facing Dove Creek Circle would meet the zoning requirements of the "R-7.5" district. The special condition for the side yard encroachment is the current owner has no available property to develop the minimum required 50 foot cul-de-sac without encroaching on Lot 6. Mr. Wheeler stated that staff recommended approval for both of the requests. Mr. Thatcher spoke and explained he did the best he could to meet the code requirements. Matthew Hedley of 613 Dove Creek Circle, Grapevine, Texas, took the Oath of Truth and explained he was there to speak for the other property owners also. Mr. Hedley was concerned about which way the lots would face and where the new road would be located. With no one else to speak either for or against the request, Ery Meyer made a motion to close the public hearing. Chris Coy seconded the motion which prevailed by the following vote: H. Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell After further discussion, Ery Meyer made a motion that a special condition did exist for Section 15.G.1., "R-7.5", Single Family District Regulations and the special condition being the house is existing and is maintaining the existing house on Lot 6 as currently shown on the proposed plat. Ery Meyer also made a motion that a special condition exists for Section 42.D., Supplementary District Regulations, and the special condition being, the owner has no available property to move the street entrance farther to the south and the location of the transmission lines, which parallel this tract. Patti Bass seconded the motion to the special conditions which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Ery Meyer then made a motion to approve the variances to Section 15.G.1., "R-7.5", Single Family District Regulations to allow a seven foot variance to encroach the 30 foot front yard as shown on th.e'plot plan, allowing a 23 foot front yard setback; and to Section 42.D., Supplementary District Regulations to allow a four foot variance to encroach the 15 foot side yard as shown on the proposed plat, allowing an 11 foot side yard setback. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Absent: Howell Greg Wheeler announced that Target would be holding their grand opening on October 1, 1993, Good Eats Restaurant would have their ground breaking on August 10, 1993, and the old Grapevine Grill was being converted into a Chicken Express. •! • With no further discussion, Chris Coy made a motion to adjourn. Ery Meyer seconded the motion which prevailed by the following vote: 7 Ayes: Giffin, Bass, Meyer, Coy, Hecht, Wood Nays: None Absent: Howell The meeting was adjournedat 800 p.ra ATTEST: Z5, SOCRE T P.9